DENVER — The Colorado Court of Appeals ruled Thursday morning that former elections clerk Tina Peters' current sentence should be thrown out and she should be re-sentenced by district court in the case involving her role in an election security breach.
Peters originally received a nine-year sentence in October of 2024 for allowing unauthorized access to voting machines following the 2020 election. The Colorado Court of Appeals said it upholds her conviction, but her sentence was based in part on improper consideration of Peter's right to free speech.
"The Appeals Court affirmed Peters' conviction, and I am appreciative of their rejection of Trump's unlawful attempt to pardon her," Gov. Jared Polis said Thursday in response to the Colorado Court of Appeals ruling. "Peters will continue to face accountability for coordinating a breach of her own election equipment. Her actions have been repeatedly used to spread conspiracy theories, amplify falsehoods, and fuel dangerous election lies. Peters should not receive any special treatment as the District Court considers re-sentencing."
Thursday's ruling comes as Peters has made appeals at the federal and state levels, calling on the state appeals court to recognize President Donald Trump's failed December 2025 pardon of her state convictions as valid and release her from prison. Presidential pardon powers do not extend to state crimes, the appeals court said in Thursday's ruling.
“The court affirmed that the president’s pardon of Tina Peters is meaningless and won’t free her from prison. Presidential pardons do not extend to state crimes, and the president cannot wipe away Ms. Peters conviction with a stroke of a pen," Colorado Attorney General Phil Weiser also said in a statement after Thursday's Colorado Court of Appeals ruling.
President Trump has repeatedly called for Peters' release, and the Colorado Court of Appeals said she's asking the wrong court for immediate release.
The Colorado Court of Appeals also rejected Peters' "challenge to the Colorado courts' jurisdiction" over her prosecution, saying if it did lack jurisdiction, it would have to dismiss the appeal and take no action on her sentence.
Peters was convicted in August 2024 of first-degree official misconduct, violation of duty, failure to comply with requirements of the Colorado Secretary of State, conspiracy to commit criminal impersonation, and three counts of attempting to influence a public servant. Peters was acquitted of the charges of identity theft, criminal impersonation, and one count of conspiracy to commit criminal impersonation. In all, she was convicted of four felonies.
In her appeal, Peters argued there was insufficient evidence to convict her of attempt to influence a public servant, conspiracy to commit criminal impersonation, and first degree official misconduct. However, the state court of appeals said Thursday it disagrees.
"We... conclude that the evidence was more than sufficient to sustain the conviction" in the attempt to influence a public servant, the ruling reads.
Peters was the first election official to be charged with a security breach amid false claims that the 2020 election had been stolen from President Trump. She has claimed that the state judge who sentenced her to nine years behind bars violated her First Amendment rights by punishing her for making allegations about election fraud, now affirmed by the Colorado Court of Appeals in Thursday's ruling.
In her original nine-year sentence, the court noted that Peters' words were particularly damaging because of the position of influence she held as the Mesa County Clerk and Recorder and in an attempt prevent her from continuing "to espouse views the court deemed damaging,'" the Colorado Court of Appeals said Thursday.
However, Peters is no longer in that position, the state court of appeals noted.
Gov. Jared Polis has previously indicated that he was waiting on the ruling from the court of appeals to make a decision on whether to commute her prison sentence, the Denver Post reported. He said in March he was extending the date for clemency applications, citing sentencing disparities between Peters and former State Sen. Sonya Jaquez Lewis — who was also convicted of attempting to influence a public official — and sentenced to probation. The deadline for clemency applications is Friday, April 3.
Last week, former State Senator Sonya Jaquez Lewis was sentenced to probation and community service after being convicted of four felonies including Attempt to Influence a Public Official. She made a horrible mistake, and she was wrong. I hope she learns from this and can rebuild…
— Jared Polis (@jaredpolis) March 4, 2026
After Polis announced the extension, Colorado Attorney General Phil Weiser said in a statement that Peters was rightly convicted and has shown no remorse. He continued, saying that granting clemency to Peters would undermine justice and threaten election integrity.
In a one-on-one interview with Denver7 after his State of the State address in January, Polis said that the state looks at each case for potential commutation or pardon individually and pointed out that Peters was a "first-time," "nonviolent" offender.
"Very unusual in our state that they would get that kind of punishment, so it's something that we look at," he told Denver7.
Polis had previously called Peters' sentence "harsh," prompting other county clerks and Colorado Secretary of State Jena Griswold to urge the governor not to commute the sentence, Denver7 has reported.
“Releasing Tina Peters via pardon or commutation would validate her actions and embolden election denialism in Colorado and across the country,” the election officials wrote in the Jan. 13 letter, saying it would send “a loud message to those who would attack our elections and democracy that they too may have immunity.”
Peters is currently incarcerated at the La Vista Correctional Facility in Pueblo.
This is a developing story and Denver7 will continue to monitor with updates.
Prior coverage:
- Tina Peters found not guilty of assault in prison scuffle, guilty on lesser violation
- 'Lean into that value of mercy': Governor Polis explains consideration of clemency for Tina Peters
- Gov. Jared Polis signals openness to clemency for Tina Peters in X post
- Tina Peters involved in 'incident' with fellow inmate at La Vista Correctional Facility
- Colorado Sec. of State urges Gov. Polis not to pardon Tina Peters after he suggested a potential commutation
- President Trump tells Governor Polis to "rot in hell" over Tina Peters' incarceration
- Tina Peters asks Colorado appeals court to recognize Trump's pardon, release her from prison
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